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The Commoner.
WILLIAM J. BRYAN, EDITOR AND PROPRIETOR
VOL. 12, NO. 42
Lincoln, Nebraska, October 25, 1912
Whole Number; 614
THE SANE, NOT THE INSANE,
MUST DECIDE THIS CONTEST
"Wo are embarrassed in the discussion of national issues by the fact that ono of the presidential candidates has been made the victim
of a murderous assault. We deplore as deeply as Mr. Roosevelt's supporters do the act of tho madman, who has temporarily disabled him
for campaign work. We denounce as bitterly as Mr. Roosevelt's supporters such a resort to violence even by ono who is bereft of his
reason. We sympathize with Mr. Roosevelt in -his affliction as sincerely as his supporters do, and we wiflh as earnestly as they for his
speedy recovery. But neither he nor they will ask for a suspension of activities on the part of Mr. Roosevelt's opponents, so long as his
friends continue to present his side on national issues.
4 'The questions before the country must be decided by the SANE. A MANIAC CAN NOT BE MADE AN ARBITER IN SUCH A
CRISIS. I am surprised that some of the friends of Mr. Roosevelt should attempt to make use of this incident in his behalf. It can not bt
charged to the democratic party it can not be fairly charged to any party.
"The suggestion that the assailant was led to make the attack because of newspaper criticism is a far-fetched one, and even if it could
be shown that an unbalanced mind was influenced by criticism, it is no more just to demand a suspension of tho discussion of pendinf
problems on this account than it would be to reject religion because some have gone insane on that subject.
"I have been a careful reader of the papers since last June and I am quite sure that the Taft papers have been no more bitter in
their assaults upon Mr. Roosevelt than the Roosevelt papers have been in their assaults upon 'Mr. Taft, and neither side has attacked th
other with more virulence than both have attacked the democrats in campaigns past.
"I can show you as bitter things said against me by both the friends of Mr. Taft and the friends of Mr. Roosevelt as the friends of
either have said against the other. The papers say many things that they ought not to say, but I know of no party that is guiltless in
this matter.
"A nation sits anxiously by the ex-president's bedside, hoping that the wound is not a serious one, but Mr. Roosevelt's supporters
must not use this attack to protect themselves and their position from just criticism. The brave soldiers on a battlefield do not use the
wounded for breastworks, they stand out and give blow for blow.
"And so in the campaign Mr. Roosevelt's supporters can not use him as a shield to protect themselves against the attacks that may
be made against the policies for which he stands." (From Mr. Bryan's speech at Indianapolis, October 16, 1912.)
ROOSEVELT VS. THE CONSTITUTION
Tho president of tho United States, upon
assuming tho duties of his office, takes an oath
to support tho constitution, and it need hardly
be added that no one is worthy to be president
who is not able to take that oath without men
tal reservation.
Mr. Roosevelt has shown by his own utter
ances that he does not regard tho constitution
as binding upon those who swear to support it,
or, to state the proposition more accurately, ho
believes that the constitution, no matter what it
may say, may at times bo Ignored, and that the .
official must himself be. the judge of the time ami
of the necessity.
In the "Outlook" of November 18, 1911, in
an editorial entitled "The Trusts, The People
and the Square Deal," Mr. Roosevelt says:
"This statement, by the way, applies also to
the question of 'usurpation' by any one branch
of our government of the rights of another
branch. It is contended that in these recent
decisions tho supreme court legislated; so it
did; and it had to; because congress had signally
failed to do its duty by legislating. For tho
supreme court to nullify an act of the legislature
as unconstitutional except on tho clearest
grounds is usurpation; to interpret such an act
in an obviously wrong sense is usurpation; but
where the legislative body persistently leaves
open a fleld which it Is absolutely imperative,
from tho public standpoint, to fill, then no pos
sible blame attaches to the official or officials
who 6tep in because they havo to, and who then
do the needed work in the Interests of the
people. Tho blame in such cases lies with tho
body which has been derelict, and not with tho
body which reluctantly makes good tho derelic
tion." Here is a bald, bold declaration that he be
lieves in usurpation by one branch of the gov
ernment of tho rights of another branch. That
Is his own language, astounding as the words
may sound. A statement previously made ap
plies, he says, "also to tho question of 'usurpa
tion' by any one branch of our government of
tho rights of another branch." And then he
uses as illustrations the decisions of tho supreme
court In the Standard Oil and Tobacco cases.
Taking up the charge that the supreme court
"legislated," he admits the truth of tho charge.
"So It did," he declares, and then ho adds "and
It had to." Why? "Because," he asserts,
"Congress had signally failed to do its duty by
legislating."
He approves of tho court's action In making;
Itself tho Judge and In proceeding to legislate
because, in its Judgment, congress had failed to
do its duty by legislating.
To make tho statement stronger, ho proceed
to say that it Is usurpation for tho supreme
court to nullify, except on tho clearest grounds,
an act of tho legislature; that it Is usurpation,
also, to Interpret such an act In an obviously
wrong sense an admission that tho antl-truBt
act, before the supreme court in tho decisions
mentioned, was Interpreted In an obviously
wrong sense; and yet ho Justifies tho action of
the court on the ground that "the legislative
body persistently left open a fleld which It -Is
absolutely Imperative, from the public stand
point, to fill."
Who is to decide whether tho legislative body
was wrong in refusing to amend the anti-trust
law? The people who elect the legislators? No,
the supreme court composed of judges appointed
by tho president, and appointed at whoso re
quest? Will Mr. Taft and Mr. Roosevelt tell us?
And then Mr. Roosevelt proceeds with his
usual positiveness and with comprehensive
phraseology to tell tho public that "no possible
blame attaches to the official or officials who step
Wilson Day, Saturday, November 2 Make it a Day to be Remembered
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